The Athens City Council passed an ordinance during a special session on Monday that will make it easier for police to shut down out-of-control parties and prosecute disruptive revelers.
Passed six to one with only Council member Elahu Gosney opposing, the ordinance changes the definition of a nuisance party in the city code.
Previously, the law required that police arrest and charge party goers with at least four separate nuisance violations for the party to be labeled a nuisance.
Similar to laws imposed by Miami University and Bowling Green State University, the new code allows police to shutdown parties without arresting anyone for nuisance violations, but specifies that they must have probable cause for charging partygoers on a single violation.
Under the ordinance, police can charge anyone who does not leave the party after it shuts down with nuisance charges, and hold landlords accountable for their tenants' out-of-control behavior.
Largely in response to Palmerfest, the new rules give police more power when dealing with out-of-control parties and prevent similar incidents, said Council member Nancy Bain. She proposed the ordinance in June after police told the council that the regulations were unenforceable.
While he supports giving police the tools they need to combat out-of-control parties, Gosney argued against the ordinance, saying it is too strict. He added that though he thinks the police will enforce it responsibly, the law is vague with catch-all violations and gives officers too much power.
Bain responded by saying the law would not affect well-behaved students, and that the violations listed in the section such as public urination and underage consumption of alcohol are already against the law.
Police have told the council they will write an internal policy that will govern how police respond to loud parties - effectively raising the bar that the ordinance lowered - and keep officers from over-enforcing the ordinance. Under the policy, police must find probable cause for multiple violations before they can shut down the party, but would not have to make multiple arrests in order to do so.
Violators of the nuisance section face minor misdemeanor charges and a $150 fine for the first offense. If they break this law again within 18 months, they will face a fourth-degree misdemeanor - which can carry a 30-day jail term and $250 fine.
Prior to voting on the ordinance, Gosney moved to delay the decision until students returned for fall quarter, adding that if the council were considering a law that would primarily affect small businesses, they would not pass it while small business owners were out of town.
His motion failed with five members opposing the two who supported it.
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Frank Thomas
